[2021] KECA 649 (KLR)

[2021] KECA 649 (KLR)

The court found that the Notice of Appeal was in fact served on the applicants' advocates on 10th May, 2018, the same day it was lodged, as evidenced by the official stamp of the applicants' advocate. There was no evidence to support the applicants' claim of late service. The application to strike out the Notice of Appeal was therefore entirely without merit. The court emphasized the duty of advocates to assist the court in furthering the overriding objective of efficient and fair administration of justice, and noted that applications lacking any factual or legal basis waste judicial resources. Consequently, the application was dismissed with costs to the respondent.

Citation
[2021] KECA 649 (KLR)
Parties
Applicant: Makupa Transit Shade Ltd; Applicant: Regional Logistic Ltd; Applicant: Mitchel Cotts Freight (K) Limited; Applicant: Kencont Ltd; Applicant: Interpel Container Freight Station Ltd; Applicant: Focus Container Freight Staion Ltd; Applicant: Awanad Enterprises Kenya Ltd; Applicant: Consolbase Limited; Applicant: Boss Freight Terminal Ltd; Applicant: Portside Freight Terminals Ltd; Applicant: Mombasa Island Cargo Terminal Ltd; Applicant: Autoport Freight Terminal Ltd; Applicant: Signon Container Freight Station Ltd; Applicant: Multiple Inland Container Depot Ltd; Applicant: Mombasa Container Terminal Ltd; Applicant: Kenya Railways Corporation; Respondent: Kenya Ports Authority
Court
Court of Appeal
Court Station
Court of Appeal at Mombasa
Jurisdiction
Kenya
Judgment Date
23 April 2021
Case Number
Miscellaneous Civil Application 69 of 2018
Procedural Posture
Miscellaneous Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
application dismissed with costs to the respondent
Judges
J Karanja
Legal Topics
Service of Notice of Appeal, Court of Appeal Rules, Extension of Time, Costs Orders
Source Language
English
Civil Procedure Service of Notice of Appeal Court of Appeal Rules Extension of Time Costs Orders

Case Brief

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Parties

Makupa Transit Shade Ltd

Applicant

Regional Logistic Ltd

Applicant

Mitchel Cotts Freight (K) Limited

Applicant

Kencont Ltd

Applicant

Interpel Container Freight Station Ltd

Applicant

Focus Container Freight Staion Ltd

Applicant

Awanad Enterprises Kenya Ltd

Applicant

Consolbase Limited

Applicant

Boss Freight Terminal Ltd

Applicant

Portside Freight Terminals Ltd

Applicant

Mombasa Island Cargo Terminal Ltd

Applicant

Autoport Freight Terminal Ltd

Applicant

Signon Container Freight Station Ltd

Applicant

Multiple Inland Container Depot Ltd

Applicant

Mombasa Container Terminal Ltd

Applicant

Kenya Railways Corporation

Applicant

Kenya Ports Authority

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether the Notice of Appeal was served within the time prescribed by the Court of Appeal Rules.
  2. 2 Whether failure to serve the Notice of Appeal within time without leave renders the appeal a nullity.
  3. 3 Whether the application to strike out the Notice of Appeal has merit.

Ratio Decidendi

The court found that the Notice of Appeal was in fact served on the applicants' advocates on 10th May, 2018, the same day it was lodged, as evidenced by the official stamp of the applicants' advocate. There was no evidence to support the applicants' claim of late service. The application to strike out the Notice of Appeal was therefore entirely without merit. The court emphasized the duty of advocates to assist the court in furthering the overriding objective of efficient and fair administration of justice, and noted that applications lacking any factual or legal basis waste judicial resources. Consequently, the application was dismissed with costs to the respondent.

Court Disposition

application dismissed with costs to the respondent

Orders

  • The Notice of Motion dated 8th June, 2018 is dismissed with costs to the respondent.